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AGRON v. ILLINOIS BELL TELEPHONE COMPANY

Civ. A. No. 69 C 1972.

325 F.Supp. 487 (1970)

Robert C. AGRON, on behalf of himself and all other telephone subscribers of Illinois Bell Telephone Company who are situated similarly to him, Plaintiff, v. ILLINOIS BELL TELEPHONE COMPANY, an Illinois Corporation and United States of America, Defendants.

United States District Court, N. D. Illinois, E. D.

December 11, 1970.

Attorney(s) appearing for the Case

Alex Elson, Willard J. Lassers and Aaron Wolff, of Elson, Lassers & Wolff, Chicago, Ill., for plaintiff.

Howard J. Trienens, Jules M. Perlberg, Lee B. McTurnan and Theodore N. Miller of Sidley & Austin, Chicago, Ill., for Illinois Bell Tel. Co.

Johnnie M. Walters, Daniel J. Dinan and William T. Hunter, U. S. Dept. of Justice, Washington, D. C., and William J. Bauer, U. S. Atty., Chicago, Ill., for the United States.

MAROVITZ, District Judge.

MEMORANDUM OPINION

Cross-Motions for Summary Judgment

This is an action for the refund of certain federal excise taxes on telephone service. The Complaint consists of three counts. Count I was brought by Robert C. Agron, a subscriber to the telephone services of the Illinois Bell Telephone Company (IBT), against the United States, and challenged the legality of the assessment of federal telephone excise taxes on that portion...

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